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May 25, 1999     The Ortonville Independent
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ic notices REQUEST biven that on the City of of Appeal and Public earing at at 315 Madison . At the Public will consider a rancis and Marilyn First Street, 1 of the property is Lot 7, I Stone County. , if approved, ncis and Marilyn and install a dling. Section I) of the states the "1-2" District is established for certain industrial general industrial mpatible with areas and, appropdate in the %1" ng to be heard with reposed variance : this meeting. APPEAL 1999) CE BOARD IUSTMENT OF that Tuesday, of Ortonville's ustment will A City Office venue at 4:30 the Board will Paul and Street, description of (10), Block One to the City of Auditor's plat e of the county Stone County, st, if approved, and Diane a6'x 16' it of their home line. tven ng Ordinance yard of not less uired. ard with reposed variance this meeting. OF APPEAL 999) L MAY 3,1999 CHAMBERS 7:00 P.M. ROLL CALL: the regular Council to taken George rry, Mary Gary rson, Paul Ryan Stattelman, Sherod, Lori ;en, Bonnie Dinnel, Hyatt, Jim use, Roger amendments stafson and the motion did approve the fleering Reports/ for personnel Street were trees the ans be trent xrower than the matter and at 6:30 matter lations to the motion and the at the City of uire land railroad seconded With Gustafson, the the Council :light, which t behind his reinstalled. discuss the seconded approve the F BOARDS, Hynnek )eased to the Golf Seconded and )rove the the street Michigan 1999 Avenue curb. Residents had requested they be allowed access their properties as In the past when there was no curb on the road. Hynnek moved and Dorry seconded and the motion passed to request that Larson-Peterson & Associates, Inc. make the necessary change order to facilitate the installation of surmountable curbing along Cook Street and Michigan Avenue. Next on the agenda was water softening for the City water supply. No new information was presented. Ellingson moved and Hynnek seconded that the followingresolution be adopted: RESOLUTION 99-28 APPROVING PURCHASE OF PUBLIC WATER LINE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that Barr Brothers LLC ("Barr") be repaid for the cost of installation of water line connected to the City of Ortonville water distribution system up to Barr Brothers Townhouses property line upon presentment by "Barr" of documentation supporting the actual cost presently estimated to be $17,000. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-28 passed this 3rd day of May 1999. Elliott moved and Hynnek seconded that the followingresolution be adopted: RESOLUTION 99-29 APPROVING GARBAGE HAULING AGREEMENT BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota ('City") that the Agreement substantially in the form presented to this meeting between the City and Waste Management of Minnesota, Inc. ("Waste Management") for the collecton and disposal of garbage for the City is hereby approved and that the Mayor and the Clerk- Administrator are hereby authorized to execute said agreement on behalf of Oty. Upon roll call vote the following voted aye:,Dorry, Oakes, Gustafson, Reinke, Hynnek, Elliott, and the following voted nay: Ellingson. RESOLUTION 99-29 passed this 3rd day of May 1999. The Council next discussed street improvements for Lundell Avenue. It was the understanding of the Council that the developer and any landowners in the development must petition the City to make street and curb improvements. Oakes moved and Reinke seconded that the followingrasolution be adopted: RESOLUTION 99-30 ORDERING PLANS & SPECIFICATIONS FOR STREET IMPROVEMENTS ON LUNDELL AVENUE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that: Larson-Peterson & Associates, Inc. are retained to prepare final plans & specifications for that part of Lundell Avenue for which no plans have been previously prepared Street and curb mprovements will be completed along that portion of Lundell Avenue to the ,pok where underground .utilities are presently located upon receipt of a petition signed by 100% of abutting landowners to proposed improved portion of Lundell Avenue. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-30 passed this 3rd day of May 1999, Next the Council discussed the agreement drafted by City Attorney regarding the part time employment of a City of Ortonville police officer by Big Stone Coun Sheriff's department. City Attorney advmed to not waive a clause the County was unwilling with which to agree. Elliott moved and Gustafson sebonded and the motion failed to waive the immunity clause and to execute the agreement. Voting for the motion were Reinke, Gustafson, and Elliott and those against said motion were Hynnek, Ellingson, Dorry, and Oakes. NEW BUSINESS: Ellingson moved and Hynnek seconded that the following resolution be adopted: RESOLUTION 99-31 APPROVING RCAP FUNDING BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that funding in the amount of $2,500 for the Rural Community Advancement Program ("RCAW) for the purposes of expenses related to promotion of the program and town surveys is hereby authorized with said money coming from the Council's discretionary fund. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-31 passed this 3rd day of May 1999. Ellingson moved and Hynnek seconded that the following resolution be adopted: RESOLUTION 99..32 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPUANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED bythe City Council (the =Council*) of the City of Ortonville, Minnesota (the "City"), as follows: 1. Recitals. (a) The internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the =Regulations'), dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of theproceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually prod, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure of (2) the date the project is placed in service (but in no event more than 3 years after actual paYment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have on application to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk-Administrator to make the City'sDeclarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably expect to issue reimbursement bonds to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Re.gulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Those voting aye: Gustafson, Oakes, Hynnek, Elliott, Dorry, Reinke, Ellingson Those voting nay: None Resolution 99-32 adopted this 3rd day of May. 1999, by the Ortonvllle City Councd. EXHIBIT A Declaration of Official Intent The undersigned, belnl the duly appointed and acting City Clerk- Administrator of the City of Ortonville, Minnesota, (the "City'), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Ortonville City Council to make and execute this Declaration of official Intent (the =Declaration'7 for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the 'Project") and the costs thereof to be financed: 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the roceeds of a bond issue or similar rrowing (the "Bonds" to be issued by the City after the date of payment of 'such costs. As of the date hereof, the City reasonably expects that  is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: CityClerk-Administrator City of Ortonville, Minnesota Reinke moved and Oakes seconded and the motion passed unanimously that the City advertise for Tree Removal bids for 1999 with such bids to be opened and read aloud at the regular Council meeting to be held on Monday, June 7, 1999 at 7:00 p.m. Next the Council discussed rezoning an area along the Minnesota River for residential use. The matter was referred to the Planning & Zoning Commission for recommendation. Council next reviewed a bill from Liesch & Associates, Inc. for work on the Hwy 7 project. Reinke moved and Dorry seconded and the motion passed unanimously to hereby order that invoice No.0000004 in the amount of $177.00 be paid forthwith. Hynnek moved and Gustafson seconded that the following resolution be adopted: RESOLUTION 99-33 APPROVING BORDER CITIES LOBBYING INVOICE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that payment of the City of Ortonville's share of lobbying expenses for the Border Cities tax credit legislation in the amount of $2,469.02 to the City of Moorhead is hereby approved and ordered paid with said money coming from the Council's discretionary fund. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-33 passed this 3rd day of May 1999. Reinke moved and Gustafson seconded that the following resolution be adopted: RESOLUTION 99-34 APPROVING TOWNSHIP RRE CONTRACT BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that agreements between the City of Ortonville and the Townships of Big Stone and Yellowbank be and are hereby approved to provide fire protection to the Townships for a two year period beginning April 1, 1999 and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreements. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-34 passed this 3rd day of May 1999. Council Member Dorry next asked if the services of the City of Ortonville tree dump could be expanded to include construction debris. Public Works Director Anderson stated that the dump could not accept any construction debris. Anderson was directed to provide written documentation that would prevent such expansion. Ellingson moved and Oakes seconded and the motion passed unanimously .that a letter be drafted by the Clerk-Administrator from the City of Ortonville to the Big Stone County Planning Commission stating support for the rezoning of an area South of the city limits for the possible relocation of flooded businesses. Next the Council discussed a proposal to appoint Bob Dybvig as City of Ortonville Forester. It was the consensus of the Council to ask Mr. Dybvig to write a letter describing his intentions for the Council to review. CITY ATTORNEY REPORTS & RECOMMENDATIONS: Upon advice of City Attorney, Ellingson moved to enter executive session at 9:08 P.M. to discuss a personnel issue. Reinke seconded and the motion passed unanimously. At 9:26 P.M. the regular meeting was reopened with no action beingtaken. ADJOURNMENT: There being no further business before the Council, Elliott moved and Oakes seconded and the motion passed unanimously to adjourn the May 3rd meeting of the City Council of the City of Ortonvllle at 9:45 P.M. Roman C. Taffe, City Clerk-Administrator David Ellingson, Mayor NOTICE IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT CIVIL DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE SUMMONS Judith Wachter, Plaintiff, vs. George McMurphay, Henry Cook F.L C,ff,E.J. Miller, Sara Cliff, Isellnda Miller, Charles E. Chrisman, Emma M. Chdsman, R.M. Wells, Alice G. Wells, G.M. Wells, Caroline Wells, Henry W. Sands, Alfred Hovde, Edna Hovde, John B. Anderson, Lucy E. Anderson, Mud Hinneberg, Twyla Hinneberg, era Mee George, Beth Ann Hinneberg, Max Mud Hinneberg, Trudy Jane Hinneberg, a/Ida Trudy Browman, William Browman, Minnie E. Sands, and Barr Brothers, LLP., Defendants. THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to serve upon plaintiff an answer to the complaint which is on file in the Office of the Court Administrator of the above named Court within twenty (20) days after service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. This action involves the facts or brings in question real property situated in the County of Big Stone, State of Minnesota, described as follows: Sublet C of Lot 2 of Outlet 48 of the City of Ortonville located in the NW 1/4 of the NE 1/4 of Section 9, T121N, R46W, Big Stone County, Minnesota; F/k/a: Thatpart of Outlet Forty-eight (48) in the City of Ortonville, which is described by metes and bounds as follows: Beginning at apoint 127.8 feet North and 33 feet East of the southwest comer of the Northwest Quarter of the Northeast Quarter (NW 114 NE 1/4) of Section Nine (9), Township One hundred twenty-one (121), Range Forty-six (46), which said point of beginning Is the point of intersection of the noflhefly line ot Grace Street and the East line of Minnesota Street in said City of Ortonville; thence North 199 feet to an iron stake on the East line of said Minnesota Street; thence East 150 feet; thence in a straight line in a southwesterly direction to the point of beginning. Said tract contains 14,925 square feet and is subject to any easements of record. The object of this action is to determine adverse claims to the above described real property and to exclude each and all of the above named defendants from any interest or lien on said real property and to declare title in fee simple to property in plaintiff. Dated: May 19, 1999 Ronaid R Frauenshuh, Jr., #136220 Attomey at Law 129 NW Second Street Ortonville, MN 56278 (320) 839-2546 (May 25, June 1, 8, 1999) PROCEEDINGS OF THE BIG STONE COUNTY BOARD May 4, 1999 The Big Stone County Board of Commissioners met in the Commissioner's Room at 8:30 AM on Tuesday, May 4, 1999. Chairperson Torgerson called the meeting to order with Commissioners Krueger, Lane, Mass and Swigerd present. Also present were County Attorney Bill Watson and County Auditor Michelle Knutsoq. b Motion made by Swigerd, seconded y Mass and carried' to approve the th th minutes of the April 6 and 20 re8ular meetings and the April 24 -th and 26 th special meetings. Motion made by Lane, seconded by Krueger and carried to approve the agenda with noted additions. Commissioner "Lane reported on the legislative committee meetin8 he attended and that either Kurt Deter or John Kolb will be addressing a joint INDEPENDENT meeting with AMC and the Ag. Transportation and Environment and Natural Resource Committees. Commissioner Maas reported that the SWCD voted on the County's proposed exemptions for County Ditch #4. Number 1 was approved; 2,3 and 4 were denied; and 5 was tabled. Chairperson Torgerson declared the public hearing open to take public comment in regards to amending the Countryside Public Health Food and Beverage Ordinance. Present to review the Ordinance provisions was Cathy Hockert of Countryside Public Health. No written or verbal comment was received. Motion made by Krueger, seconded by Maas and carried to, amend the original delegation agreement to reflect the changes in the Minnesota Rules for Food and Beverage Establishments. Motion made by Krueger, seconded by Maas and carried to amend the Countryside Public Health Food and Beverage Ordinance and publish a summary in the official minutes. SUMMARY OF THE COUNTRYSIDE PUBLIC HEALTH FOOD AND BEVERAGE ORDINANCE Adopted May 3, 1990 Amended 1999 The Countryside-Public Health Food and Beverage Ordinance is adopted to license and regulate food and/or beverage service establishments in Big Stone County, and the 1999 amendment to this Ordinance is in compliance with the new food code adopted under Minnesota Rules, parts 4626.0010 to 4626.1870. The following is a summary of the Food and Beverage Ordinance: Section h Definitions Section I1: Adoption of Food and Beverage Establishment Standards Section IIh Embargo, Condemnation and Tagging Section IV: Plan Review of Future Construction Section V: Procedure When Infection Is Suspected Section VI: Compliance Procedures Section VII: Repeal of Previous Ordinance A printed copy of the entire Ordinance is available at the office of the Big Stone County Auditor, 20 SE 2 nd Street, Ortonville, Minnesota. County Attorney Watson updated the Board on the Main Street Industries situation and then left the meeting. Commissioner Lane reported that additional plug-ins are needed at Toque Park. Commissioners Lane and Swigerd will talk to Ottertail Power for available options. Motion made by Swigerd, seconded by Lane and carried to authorize payment of the following claims on May 7, 1999: COUNTY REVENUE Berkner Plumbing & Heating 109.00; Chief Supply 137.23; Department of Public Safety 270.00; Jean Jorgenson 202.75; Jean Kvols 384.47; The Meat Center 1,485.15; MN Dept of Corrections 613.01; MN State Sheriffs Assn 250.00; MN Viewers Assn 100.00; Office Systems 152.23; RDJ Specialties 106.70; Rinke.Noonan 200.00; Todd Sandberg 100.00; Douglas Tomschin 194.84; David Torgerson 255.92; U of MN - Farm Alarm 12780; WACCO 199,00; West Publishing Corp 643.67. ENVIRONMENTAL SERVICES Upper MN Watershed District 114.56. COUNTY ROAD & BRIDGE Big-Stone. Co,op 783.43; H & R Construction 267.71; Hancock Concrete Products 6,975.54; Jerome Jennen 305.93; Lawson Products 369.88; Milbank Glass 143.81; National Safety Council 200.00; Neenah Foundry Company 152.30; Newman Traffic Signs 491.51; Ortonville Stone Co 505.37; Sokkia Measuring Systems 366.97. COUNTY DITCHES Richard Guse 150.00; Rinke.Noonan 1,088.00. Number of claims not exceeding $100- 31. Dollar amount of claims not exceeding $100. $1,210.02. Discussion was held on County Assessor Lila Benson's anniversary date. Ryan Stattelman and Stacy Dammer arrived at the meeting. Motion made by Maas, seconded by Lane and carried to offer Benson the pay difference for adjusting her anniversary date to April 1 beginning in 1998. Discussion was held on the continuation of the TEAM Committee. The committee will discuss it at their next meeting and make a recommendation to the Board. Motion made by Krueger, seconded by Swigerd and carried to approve the "OFF" Sale Malt Liquor License for Lakeshore RV Park contingent upon the approval of Big Stone Township. Dou8 Tomschin, Emergency Management Officer, reported the meeting he and the Auditor had with II II I I JE John Gibson regarding FEMA requirements. The State agrees that it overpaid the County approximately $100,000. Upon recommendation from Mr. Gibson, no payments are to be made until the disaster files are complete. Following a short break, motion made by Swigerd, seconded by Krueger and carried to establish Lila Benson's anniversary date as April 1 and to pay her the difference she would have received if her anniversary date had been April 1 st, beginning April 1, 1998, through the present. County Engineer Darrell Pattie updated the Board on Highway Department activities. Motion made by Lane, seconded by Krueger and carried to move the letting date for the CSAH 22 rip rap project to June 1, 1999, at 11:00 AM. Motion made by Swigerd, seconded by Maas and carried to approve the contract with Bituminous Paving Inc. on .the overlay project. Motion made by Krueger, seconded by Lane and carried to approve the contract with Bituminous Paving Inc. on the seal coat project. Motion made by Lane, seconded by Maas and carried to authorize the County Engineer to spend up to $5,000 on an archeological survey on CSAH7, if needed. Motion made by Swigerd, seconded by Maas and carried to cooperate with MN DOT on sharing costs for a concrete pad to be used for mixing salt and sand. The pad would be located at the Ortonville MN DOT site. Sheriff Joe Berning updated the Board on the E-911 project. Motion made by Swigerd, seconded by Maas and carried to approve $2,500 to' Geo. Comm to add Big Stone City and two South Dakota townships to our system, as we are currently servicing them. Environmental Officer Darren Wilke presented the Natural Resources Block Grant agreement for signatures. Wilke reported that the County will be receiving the second half of the SCORE block grant, as the requirements have been satisfied Motion made by Krueger, seconded by Swigerd and carried to accept the resignation of Beth Tinklenberg with regret. The duties of that position will be incorpo}'ated in the other positions of the office and monitored to see if the position will need to be filled at a future date. Motion made by Swigerd, seconded by Krueger and carried to approve the Family Service Contract as originally presented. Motion made by Swigerd, seconded by Lane and carried to offer the County Engineer $2,000 plus 3% cost of living increase. The Auditor presented a letter received from Pioneer Public TV requesting financial support. No action was taken. MCIT will be holding a seminar on employee benefits. Board consensus was to have members from the insurance committee attend. Chairperson Torgerson appointed Cindy Nelson to fill the position on the Insurance Committee created from the resignation of Beth Tinklenberg. Motion made by Swigerd, seconded by Torgerson and carried to authorize Darold Bailey to fix the granite sculpture on the courthouse grounds as per his estimate. Voting "NAY" were Krueger and Mass. ........ Motion made by Maas, seconded by Swigerd and carried to adjourn the meeting. Chairperson Torgerson declared the meeting adjourned at 12:05 PM. ATTEST: Michelle R. Knutson, Auditor David E. Torgerson, Chairperson INDEPENDENT WANT ADS PAY III II I PEOPLE WHO READ NEWSPAPERS ARE II i MISSION POSSIBIJ.: AGENT REPORT .... These seven agents were all around 17 or 18 years of age. They were observed on the deck of a local eating establishment with a woman that was approximately 60 years older than them. They laughed, talked, and shared stories in the warm spring evening. As this group was leaving, the woman stopped to say that these kids were very special to her. She had retired from teaching seven years ago, and these kids had been her students in early elementary school. The young people had called and invited her out for dinner and to spend the evening before they graduated from high school. we never know what an impact we have on others! Obviously, this teacher had a big impac;c on these students. She had been as asset builder for them. Now, these students were making their impact on this particular teacher's life. What a great example of caring behavior! How WONDERFUL life can be!!! III I Potential results of these agent3 investment: Unlimitedi Rte your Mission Possible Agent Report wlh: Vision Marketing RR 1 Box 218 Ortonviile, MN 56278 Page 9b ic notices REQUEST biven that on the City of of Appeal and Public earing at at 315 Madison . At the Public will consider a rancis and Marilyn First Street, 1 of the property is Lot 7, I Stone County. , if approved, ncis and Marilyn and install a dling. Section I) of the states the "1-2" District is established for certain industrial general industrial mpatible with areas and, appropdate in the %1" ng to be heard with reposed variance : this meeting. APPEAL 1999) CE BOARD IUSTMENT OF that Tuesday, of Ortonville's ustment will A City Office venue at 4:30 the Board will Paul and Street, description of (10), Block One to the City of Auditor's plat e of the county Stone County, st, if approved, and Diane a6'x 16' it of their home line. tven ng Ordinance yard of not less uired. ard with reposed variance this meeting. OF APPEAL 999) L MAY 3,1999 CHAMBERS 7:00 P.M. ROLL CALL: the regular Council to taken George rry, Mary Gary rson, Paul Ryan Stattelman, Sherod, Lori ;en, Bonnie Dinnel, Hyatt, Jim use, Roger amendments stafson and the motion did approve the fleering Reports/ for personnel Street were trees the ans be trent xrower than the matter and at 6:30 matter lations to the motion and the at the City of uire land railroad seconded With Gustafson, the the Council :light, which t behind his reinstalled. discuss the seconded approve the F BOARDS, Hynnek )eased to the Golf Seconded and )rove the the street Michigan 1999 Avenue curb. Residents had requested they be allowed access their properties as In the past when there was no curb on the road. Hynnek moved and Dorry seconded and the motion passed to request that Larson-Peterson & Associates, Inc. make the necessary change order to facilitate the installation of surmountable curbing along Cook Street and Michigan Avenue. Next on the agenda was water softening for the City water supply. No new information was presented. Ellingson moved and Hynnek seconded that the followingresolution be adopted: RESOLUTION 99-28 APPROVING PURCHASE OF PUBLIC WATER LINE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that Barr Brothers LLC ("Barr") be repaid for the cost of installation of water line connected to the City of Ortonville water distribution system up to Barr Brothers Townhouses property line upon presentment by "Barr" of documentation supporting the actual cost presently estimated to be $17,000. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-28 passed this 3rd day of May 1999. Elliott moved and Hynnek seconded that the followingresolution be adopted: RESOLUTION 99-29 APPROVING GARBAGE HAULING AGREEMENT BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota ('City") that the Agreement substantially in the form presented to this meeting between the City and Waste Management of Minnesota, Inc. ("Waste Management") for the collecton and disposal of garbage for the City is hereby approved and that the Mayor and the Clerk- Administrator are hereby authorized to execute said agreement on behalf of Oty. Upon roll call vote the following voted aye:,Dorry, Oakes, Gustafson, Reinke, Hynnek, Elliott, and the following voted nay: Ellingson. RESOLUTION 99-29 passed this 3rd day of May 1999. The Council next discussed street improvements for Lundell Avenue. It was the understanding of the Council that the developer and any landowners in the development must petition the City to make street and curb improvements. Oakes moved and Reinke seconded that the followingrasolution be adopted: RESOLUTION 99-30 ORDERING PLANS & SPECIFICATIONS FOR STREET IMPROVEMENTS ON LUNDELL AVENUE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that: Larson-Peterson & Associates, Inc. are retained to prepare final plans & specifications for that part of Lundell Avenue for which no plans have been previously prepared Street and curb mprovements will be completed along that portion of Lundell Avenue to the ,pok where underground .utilities are presently located upon receipt of a petition signed by 100% of abutting landowners to proposed improved portion of Lundell Avenue. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-30 passed this 3rd day of May 1999, Next the Council discussed the agreement drafted by City Attorney regarding the part time employment of a City of Ortonville police officer by Big Stone Coun Sheriff's department. City Attorney advmed to not waive a clause the County was unwilling with which to agree. Elliott moved and Gustafson sebonded and the motion failed to waive the immunity clause and to execute the agreement. Voting for the motion were Reinke, Gustafson, and Elliott and those against said motion were Hynnek, Ellingson, Dorry, and Oakes. NEW BUSINESS: Ellingson moved and Hynnek seconded that the following resolution be adopted: RESOLUTION 99-31 APPROVING RCAP FUNDING BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that funding in the amount of $2,500 for the Rural Community Advancement Program ("RCAW) for the purposes of expenses related to promotion of the program and town surveys is hereby authorized with said money coming from the Council's discretionary fund. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-31 passed this 3rd day of May 1999. Ellingson moved and Hynnek seconded that the following resolution be adopted: RESOLUTION 99..32 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPUANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED bythe City Council (the =Council*) of the City of Ortonville, Minnesota (the "City"), as follows: 1. Recitals. (a) The internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the =Regulations'), dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of theproceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually prod, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure of (2) the date the project is placed in service (but in no event more than 3 years after actual paYment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have on application to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk-Administrator to make the City'sDeclarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably expect to issue reimbursement bonds to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Re.gulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Those voting aye: Gustafson, Oakes, Hynnek, Elliott, Dorry, Reinke, Ellingson Those voting nay: None Resolution 99-32 adopted this 3rd day of May. 1999, by the Ortonvllle City Councd. EXHIBIT A Declaration of Official Intent The undersigned, belnl the duly appointed and acting City Clerk- Administrator of the City of Ortonville, Minnesota, (the "City'), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Ortonville City Council to make and execute this Declaration of official Intent (the =Declaration'7 for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the 'Project") and the costs thereof to be financed: 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the roceeds of a bond issue or similar rrowing (the "Bonds" to be issued by the City after the date of payment of 'such costs. As of the date hereof, the City reasonably expects that  is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: CityClerk-Administrator City of Ortonville, Minnesota Reinke moved and Oakes seconded and the motion passed unanimously that the City advertise for Tree Removal bids for 1999 with such bids to be opened and read aloud at the regular Council meeting to be held on Monday, June 7, 1999 at 7:00 p.m. Next the Council discussed rezoning an area along the Minnesota River for residential use. The matter was referred to the Planning & Zoning Commission for recommendation. Council next reviewed a bill from Liesch & Associates, Inc. for work on the Hwy 7 project. Reinke moved and Dorry seconded and the motion passed unanimously to hereby order that invoice No.0000004 in the amount of $177.00 be paid forthwith. Hynnek moved and Gustafson seconded that the following resolution be adopted: RESOLUTION 99-33 APPROVING BORDER CITIES LOBBYING INVOICE BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that payment of the City of Ortonville's share of lobbying expenses for the Border Cities tax credit legislation in the amount of $2,469.02 to the City of Moorhead is hereby approved and ordered paid with said money coming from the Council's discretionary fund. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-33 passed this 3rd day of May 1999. Reinke moved and Gustafson seconded that the following resolution be adopted: RESOLUTION 99-34 APPROVING TOWNSHIP RRE CONTRACT BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that agreements between the City of Ortonville and the Townships of Big Stone and Yellowbank be and are hereby approved to provide fire protection to the Townships for a two year period beginning April 1, 1999 and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreements. Upon roll call vote the following voted aye: all present, and the following voted nay: none. RESOLUTION 99-34 passed this 3rd day of May 1999. Council Member Dorry next asked if the services of the City of Ortonville tree dump could be expanded to include construction debris. Public Works Director Anderson stated that the dump could not accept any construction debris. Anderson was directed to provide written documentation that would prevent such expansion. Ellingson moved and Oakes seconded and the motion passed unanimously .that a letter be drafted by the Clerk-Administrator from the City of Ortonville to the Big Stone County Planning Commission stating support for the rezoning of an area South of the city limits for the possible relocation of flooded businesses. Next the Council discussed a proposal to appoint Bob Dybvig as City of Ortonville Forester. It was the consensus of the Council to ask Mr. Dybvig to write a letter describing his intentions for the Council to review. CITY ATTORNEY REPORTS & RECOMMENDATIONS: Upon advice of City Attorney, Ellingson moved to enter executive session at 9:08 P.M. to discuss a personnel issue. Reinke seconded and the motion passed unanimously. At 9:26 P.M. the regular meeting was reopened with no action beingtaken. ADJOURNMENT: There being no further business before the Council, Elliott moved and Oakes seconded and the motion passed unanimously to adjourn the May 3rd meeting of the City Council of the City of Ortonvllle at 9:45 P.M. Roman C. Taffe, City Clerk-Administrator David Ellingson, Mayor NOTICE IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT CIVIL DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE SUMMONS Judith Wachter, Plaintiff, vs. George McMurphay, Henry Cook F.L C,ff,E.J. Miller, Sara Cliff, Isellnda Miller, Charles E. Chrisman, Emma M. Chdsman, R.M. Wells, Alice G. Wells, G.M. Wells, Caroline Wells, Henry W. Sands, Alfred Hovde, Edna Hovde, John B. Anderson, Lucy E. Anderson, Mud Hinneberg, Twyla Hinneberg, era Mee George, Beth Ann Hinneberg, Max Mud Hinneberg, Trudy Jane Hinneberg, a/Ida Trudy Browman, William Browman, Minnie E. Sands, and Barr Brothers, LLP., Defendants. THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to serve upon plaintiff an answer to the complaint which is on file in the Office of the Court Administrator of the above named Court within twenty (20) days after service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. This action involves the facts or brings in question real property situated in the County of Big Stone, State of Minnesota, described as follows: Sublet C of Lot 2 of Outlet 48 of the City of Ortonville located in the NW 1/4 of the NE 1/4 of Section 9, T121N, R46W, Big Stone County, Minnesota; F/k/a: Thatpart of Outlet Forty-eight (48) in the City of Ortonville, which is described by metes and bounds as follows: Beginning at apoint 127.8 feet North and 33 feet East of the southwest comer of the Northwest Quarter of the Northeast Quarter (NW 114 NE 1/4) of Section Nine (9), Township One hundred twenty-one (121), Range Forty-six (46), which said point of beginning Is the point of intersection of the noflhefly line ot Grace Street and the East line of Minnesota Street in said City of Ortonville; thence North 199 feet to an iron stake on the East line of said Minnesota Street; thence East 150 feet; thence in a straight line in a southwesterly direction to the point of beginning. Said tract contains 14,925 square feet and is subject to any easements of record. The object of this action is to determine adverse claims to the above described real property and to exclude each and all of the above named defendants from any interest or lien on said real property and to declare title in fee simple to property in plaintiff. Dated: May 19, 1999 Ronaid R Frauenshuh, Jr., #136220 Attomey at Law 129 NW Second Street Ortonville, MN 56278 (320) 839-2546 (May 25, June 1, 8, 1999) PROCEEDINGS OF THE BIG STONE COUNTY BOARD May 4, 1999 The Big Stone County Board of Commissioners met in the Commissioner's Room at 8:30 AM on Tuesday, May 4, 1999. Chairperson Torgerson called the meeting to order with Commissioners Krueger, Lane, Mass and Swigerd present. Also present were County Attorney Bill Watson and County Auditor Michelle Knutsoq. b Motion made by Swigerd, seconded y Mass and carried' to approve the th th minutes of the April 6 and 20 re8ular meetings and the April 24 -th and 26 th special meetings. Motion made by Lane, seconded by Krueger and carried to approve the agenda with noted additions. Commissioner "Lane reported on the legislative committee meetin8 he attended and that either Kurt Deter or John Kolb will be addressing a joint INDEPENDENT meeting with AMC and the Ag. Transportation and Environment and Natural Resource Committees. Commissioner Maas reported that the SWCD voted on the County's proposed exemptions for County Ditch #4. Number 1 was approved; 2,3 and 4 were denied; and 5 was tabled. Chairperson Torgerson declared the public hearing open to take public comment in regards to amending the Countryside Public Health Food and Beverage Ordinance. Present to review the Ordinance provisions was Cathy Hockert of Countryside Public Health. No written or verbal comment was received. Motion made by Krueger, seconded by Maas and carried to, amend the original delegation agreement to reflect the changes in the Minnesota Rules for Food and Beverage Establishments. Motion made by Krueger, seconded by Maas and carried to amend the Countryside Public Health Food and Beverage Ordinance and publish a summary in the official minutes. SUMMARY OF THE COUNTRYSIDE PUBLIC HEALTH FOOD AND BEVERAGE ORDINANCE Adopted May 3, 1990 Amended 1999 The Countryside-Public Health Food and Beverage Ordinance is adopted to license and regulate food and/or beverage service establishments in Big Stone County, and the 1999 amendment to this Ordinance is in compliance with the new food code adopted under Minnesota Rules, parts 4626.0010 to 4626.1870. The following is a summary of the Food and Beverage Ordinance: Section h Definitions Section I1: Adoption of Food and Beverage Establishment Standards Section IIh Embargo, Condemnation and Tagging Section IV: Plan Review of Future Construction Section V: Procedure When Infection Is Suspected Section VI: Compliance Procedures Section VII: Repeal of Previous Ordinance A printed copy of the entire Ordinance is available at the office of the Big Stone County Auditor, 20 SE 2 nd Street, Ortonville, Minnesota. County Attorney Watson updated the Board on the Main Street Industries situation and then left the meeting. Commissioner Lane reported that additional plug-ins are needed at Toque Park. Commissioners Lane and Swigerd will talk to Ottertail Power for available options. Motion made by Swigerd, seconded by Lane and carried to authorize payment of the following claims on May 7, 1999: COUNTY REVENUE Berkner Plumbing & Heating 109.00; Chief Supply 137.23; Department of Public Safety 270.00; Jean Jorgenson 202.75; Jean Kvols 384.47; The Meat Center 1,485.15; MN Dept of Corrections 613.01; MN State Sheriffs Assn 250.00; MN Viewers Assn 100.00; Office Systems 152.23; RDJ Specialties 106.70; Rinke.Noonan 200.00; Todd Sandberg 100.00; Douglas Tomschin 194.84; David Torgerson 255.92; U of MN - Farm Alarm 12780; WACCO 199,00; West Publishing Corp 643.67. ENVIRONMENTAL SERVICES Upper MN Watershed District 114.56. COUNTY ROAD & BRIDGE Big-Stone. Co,op 783.43; H & R Construction 267.71; Hancock Concrete Products 6,975.54; Jerome Jennen 305.93; Lawson Products 369.88; Milbank Glass 143.81; National Safety Council 200.00; Neenah Foundry Company 152.30; Newman Traffic Signs 491.51; Ortonville Stone Co 505.37; Sokkia Measuring Systems 366.97. COUNTY DITCHES Richard Guse 150.00; Rinke.Noonan 1,088.00. Number of claims not exceeding $100- 31. Dollar amount of claims not exceeding $100. $1,210.02. Discussion was held on County Assessor Lila Benson's anniversary date. Ryan Stattelman and Stacy Dammer arrived at the meeting. Motion made by Maas, seconded by Lane and carried to offer Benson the pay difference for adjusting her anniversary date to April 1 beginning in 1998. Discussion was held on the continuation of the TEAM Committee. The committee will discuss it at their next meeting and make a recommendation to the Board. Motion made by Krueger, seconded by Swigerd and carried to approve the "OFF" Sale Malt Liquor License for Lakeshore RV Park contingent upon the approval of Big Stone Township. Dou8 Tomschin, Emergency Management Officer, reported the meeting he and the Auditor had with II II I I JE John Gibson regarding FEMA requirements. The State agrees that it overpaid the County approximately $100,000. Upon recommendation from Mr. Gibson, no payments are to be made until the disaster files are complete. Following a short break, motion made by Swigerd, seconded by Krueger and carried to establish Lila Benson's anniversary date as April 1 and to pay her the difference she would have received if her anniversary date had been April 1 st, beginning April 1, 1998, through the present. County Engineer Darrell Pattie updated the Board on Highway Department activities. Motion made by Lane, seconded by Krueger and carried to move the letting date for the CSAH 22 rip rap project to June 1, 1999, at 11:00 AM. Motion made by Swigerd, seconded by Maas and carried to approve the contract with Bituminous Paving Inc. on .the overlay project. Motion made by Krueger, seconded by Lane and carried to approve the contract with Bituminous Paving Inc. on the seal coat project. Motion made by Lane, seconded by Maas and carried to authorize the County Engineer to spend up to $5,000 on an archeological survey on CSAH7, if needed. Motion made by Swigerd, seconded by Maas and carried to cooperate with MN DOT on sharing costs for a concrete pad to be used for mixing salt and sand. The pad would be located at the Ortonville MN DOT site. Sheriff Joe Berning updated the Board on the E-911 project. Motion made by Swigerd, seconded by Maas and carried to approve $2,500 to' Geo. Comm to add Big Stone City and two South Dakota townships to our system, as we are currently servicing them. Environmental Officer Darren Wilke presented the Natural Resources Block Grant agreement for signatures. Wilke reported that the County will be receiving the second half of the SCORE block grant, as the requirements have been satisfied Motion made by Krueger, seconded by Swigerd and carried to accept the resignation of Beth Tinklenberg with regret. The duties of that position will be incorpo}'ated in the other positions of the office and monitored to see if the position will need to be filled at a future date. Motion made by Swigerd, seconded by Krueger and carried to approve the Family Service Contract as originally presented. Motion made by Swigerd, seconded by Lane and carried to offer the County Engineer $2,000 plus 3% cost of living increase. The Auditor presented a letter received from Pioneer Public TV requesting financial support. No action was taken. MCIT will be holding a seminar on employee benefits. Board consensus was to have members from the insurance committee attend. Chairperson Torgerson appointed Cindy Nelson to fill the position on the Insurance Committee created from the resignation of Beth Tinklenberg. Motion made by Swigerd, seconded by Torgerson and carried to authorize Darold Bailey to fix the granite sculpture on the courthouse grounds as per his estimate. Voting "NAY" were Krueger and Mass. ........ Motion made by Maas, seconded by Swigerd and carried to adjourn the meeting. Chairperson Torgerson declared the meeting adjourned at 12:05 PM. ATTEST: Michelle R. Knutson, Auditor David E. Torgerson, Chairperson INDEPENDENT WANT ADS PAY III II I PEOPLE WHO READ NEWSPAPERS ARE II i MISSION POSSIBIJ.: AGENT REPORT .... These seven agents were all around 17 or 18 years of age. They were observed on the deck of a local eating establishment with a woman that was approximately 60 years older than them. They laughed, talked, and shared stories in the warm spring evening. As this group was leaving, the woman stopped to say that these kids were very special to her. She had retired from teaching seven years ago, and these kids had been her students in early elementary school. The young people had called and invited her out for dinner and to spend the evening before they graduated from high school. we never know what an impact we have on others! Obviously, this teacher had a big impac;c on these students. She had been as asset builder for them. Now, these students were making their impact on this particular teacher's life. What a great example of caring behavior! How WONDERFUL life can be!!! III I Potential results of these agent3 investment: Unlimitedi Rte your Mission Possible Agent Report wlh: Vision Marketing RR 1 Box 218 Ortonviile, MN 56278 Page 9b